December 7, 2006

6 comments:

"The two men, whose names are not used in court papers to protect them from "additional and unnecessary embarrassment," appear in a drunken interview in which they watch a sex tape and make racist remarks about slavery and minorities in the United States."

Anyone who is unwilling to use their name should be prohibited from making accusations against another in a court of law. If you want your shot at a payday, your identity should be just as public as your accusations.

I have not read the arguments,a nd not to defend classless racism, but, as an attorney, I would approach this completely from another direction:

"As you can see, I am a bit of a yokel. Clearly and objectively, I did not understand what these sophisticated people wanted from me, nor could I have known, since this movie is a first of its kind. I have been defrauded of my own likeness, purely and simply. I did not understand that my rights to my person would be stolen in this way. Nevertheless, I am now part of this motion picture and, despite my embarrassment, I wish to made whole for this fraud.

I was in your film for x minutes, which is y percentage of the film. I will take y percentage of all revenues.

These guys were perfectly willing to say stupid, racist, sexist things in a documentary film, and they signed a release. They're just surprised it's such a huge hit, and they're ashamed only because so many people saw it (and because they were paid chump change).

This lawsuit will go nowhere, but it'll help market the film even more: See it in theaters before it's censored! Then: See the DVD they tried to stop!

Ever see that program Taxicab Confessions? It's amazing that people will sign a release after saying the most bizarre and personal things, and then it's shown on HBO for years. And people don't know they're being filmed till after the release is srpung upon them. With Borat, they fully knew they were being filmed.

When I was a teenager my dad often told me not to do anything I wouldn't want on the front page of the paper the next morning. Obviously I've done plenty I wouldn't want in the papers, but it's still something to keep in mind! Particularly when you've signed on to take part in a documentary film.